Ted Entertainment, Inc., the company behind Ethan and Hila Klein’s H3 Podcast, withdrew its own claims on October 27, 2026 from a proposed class action accusing Nvidia of scraping YouTube videos to train AI, while golf creator Matt Fisher stays on as plaintiff. The case continues, and there is nothing for creators to claim.
Allegations Only · No Settlement
This article describes proposed class action complaints. The statements below are unproven allegations, and the companies named dispute them. No defendant has been found liable, no class has been certified, and there is nothing to claim. This page is informational and is not legal advice.
What Happened?
On October 27, 2026, Ted Entertainment, Inc. filed a notice voluntarily dismissing its own claims against Nvidia Corporation in a proposed class action in the U.S. District Court for the Northern District of California. The dismissal is without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), and the notice says it does not stop the company from taking part in or recovering as a class member if the case succeeds. The notice gives no reason for the withdrawal.The case itself is not over. The notice states that co-plaintiff Matt Fisher, the golf creator behind the MrShortGame channel, “will remain as a Plaintiff in this action,” and the court docket now lists the case as Fisher v. Nvidia Corporation, No. 5:25-cv-10287, before Judge Edward J. Davila in San Jose.
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What the Nvidia Case Alleges
The suit, filed November 26, 2025, alleges Nvidia circumvented the technological measures that stop YouTube videos from being downloaded in bulk, and used the scraped videos to train its Cosmos AI models. The single legal theory is the anti-circumvention provision of the Digital Millennium Copyright Act, 17 U.S.C. § 1201, rather than a traditional copyright infringement claim. The plaintiffs filed an amended complaint in March 2026.Nvidia moved to dismiss the amended complaint, and Judge Davila heard argument on July 23, 2026. Nvidia also asked the court to pause discovery until it rules, and that request was taken under submission in August. As of October 30, the docket did not show a ruling on the motion to dismiss. These are allegations; Nvidia disputes them and has not been found liable.
Seven Parallel Suits
The Nvidia case is one of seven near-identical proposed class actions brought by Ted Entertainment, Matt Fisher and Golfholics, Inc., each alleging that a different company scraped YouTube videos for a video AI model:- Nvidia (Cosmos), No. 5:25-cv-10287, N.D. Cal., Judge Edward J. Davila, filed November 26, 2025
- Meta (Make-A-Video), No. 4:25-cv-10931, N.D. Cal., Judge Jon S. Tigar, filed December 23, 2025
- ByteDance (MagicVideo), No. 3:25-cv-10933, N.D. Cal., Judge Jacqueline Scott Corley, filed December 23, 2025
- Snap (the Panda-70M dataset), No. 2:26-cv-00754, C.D. Cal., Judge André Birotte Jr., filed January 23, 2026
- Apple, No. 3:26-cv-02936, N.D. Cal., Judge Richard Seeborg, filed April 3, 2026
- OpenAI (Sora), N.D. Cal., filed April 3, 2026
- Amazon (Nova Reel), W.D. Wash., filed April 3, 2026
Notices in the Other Cases
Notices of voluntary dismissal also appear on the dockets in the Apple and ByteDance cases on October 27, 2026, and in the OpenAI case on October 28. Those filings were not publicly available as of October 30, so it is not yet known whether they, like the Nvidia notice, drop only Ted Entertainment as a plaintiff or do something broader. OpenClassActions.com is not treating any of those cases as dismissed until the filings can be read.A ruling on Apple’s motion to dismiss has also been reported, but OpenClassActions.com has not been able to confirm it from the court record. Earlier coverage of two of the suits is on the Apple case page and the Meta case page.
Who Represents the Creators?
The plaintiffs are represented by Susman Godfrey, Ellzey Kherkher Sanford Montgomery and Heah Bar-Nissim. The Nvidia withdrawal was signed by the same counsel, who continue to represent Matt Fisher and the proposed class.Questions
Was the Nvidia AI scraping lawsuit dismissed?
No. On October 27, 2026, Ted Entertainment, Inc. dismissed only its own claims against Nvidia, without prejudice. The notice says Matt Fisher remains a plaintiff, so the proposed class action continues, now captioned Fisher v. Nvidia Corporation.
Why did Ted Entertainment drop its claims against Nvidia?
The notice does not give a reason. It says the dismissal is without prejudice to Ted Entertainment participating in or recovering as a class member in the case.
Which companies did YouTube creators sue over AI training?
Ted Entertainment, golf creator Matt Fisher and Golfholics, Inc. filed parallel proposed class actions against Nvidia, Meta, ByteDance, Snap, Apple, OpenAI and Amazon between November 2025 and April 2026, each alleging the company circumvented YouTube's technological protections to scrape videos for AI training in violation of the DMCA. The companies dispute the claims.
Can YouTube creators file a claim in these AI lawsuits?
No. None of the cases has a certified class or a settlement, so there is nothing to file. If a class is certified or a case settles, class members would be notified through the court process.
Sources
• Fisher v. Nvidia Corporation, No. 5:25-cv-10287 (N.D. Cal.), docket and Notice of Voluntary Dismissal (Dkt. 84)• Ted Entertainment, Inc. v. Meta Platforms, Inc., No. 4:25-cv-10931 (N.D. Cal.)
• Ted Entertainment, Inc. v. ByteDance Inc., No. 3:25-cv-10933 (N.D. Cal.)
• Ted Entertainment, Inc. v. Snap Inc., No. 2:26-cv-00754 (C.D. Cal.)
• Ted Entertainment, Inc. v. Apple Inc., No. 3:26-cv-02936 (N.D. Cal.)
